Lost / Damaged Parcel

I used a Parcel comparison site who used Evri for some items I sent online 

The items I sent  where stainless steel solid BBQ steels for 23inch ceramic BBQ they are solid steel grill plates 13kg total .

I packaged with bubble wrap and heavy duty tape .

I received an email from Evri to say the item was damaged and to contact the parcel compare site.

This was just July and I'm still arguing with the parcel company, I keep getting a standard fob off email , their argument is that I didn't package the items individually as per their T&C's I ticked the agreed box when I took out the service.

I paid extra for the insurance, the items where sold for £100 , to replace is £200 and the service cost £17.

I have provided photos showing the item Packaged up , I have threatened small claims court but all I get is I breached the packaging guidelines.

They are saying the items are damaged and beyond  repair and could have fell out due to insufficient packaging , they have not once provided any evidence and I point out they have scrap value and how can they be damaged?

Do I have a good chance to be successful in small claims court claim for new replacement costs or bite the bullet and give the money (£100) I received from the buyer and right it off?
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Comments

  • powerful_Rogue
    powerful_Rogue Posts: 8,304 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 November 2022 at 5:14PM
    GB72 said:
    I used a Parcel comparison site who used Evri for some items I sent online 

    The items I sent  where stainless steel solid BBQ steels for 23inch ceramic BBQ they are solid steel grill plates 13kg total .

    I packaged with bubble wrap and heavy duty tape .

    I received an email from Evri to say the item was damaged and to contact the parcel compare site.

    This was just July and I'm still arguing with the parcel company, I keep getting a standard fob off email , their argument is that I didn't package the items individually as per their T&C's I ticked the agreed box when I took out the service.

    I paid extra for the insurance, the items where sold for £100 , to replace is £200 and the service cost £17.

    I have provided photos showing the item Packaged up , I have threatened small claims court but all I get is I breached the packaging guidelines.

    They are saying the items are damaged and beyond  repair and could have fell out due to insufficient packaging , they have not once provided any evidence and I point out they have scrap value and how can they be damaged?

    Do I have a good chance to be successful in small claims court claim for new replacement costs or bite the bullet and give the money (£100) I received from the buyer and right it off?

    You won't get the new value as they aren't new, Market value is £100 as that's what you sold them for.
    First and foremost question - did you package the items individually as per the T&C's you agreed to?

  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    No I didn't package individually but my argument is they have never said or proved they are lost just damaged beyond repair , they have provided no photos and I want the items back for scrap value 
  • In which case, you need to make good on your threat and take them to court.
  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    What do you suggest small claims on the basis of no evidence even though I didn't pack individually? What's the danger if I lose could I lose a lot of money?
  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    Yes I haven't stuck to the t&c as I didn't think the items would go missing their only words are it may have fallen out so can't return the items , but that's it no photos of a damaged parcel 
  • Undervalued
    Undervalued Posts: 9,529 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 25 November 2022 at 11:10AM
    GB72 said:
    Yes I haven't stuck to the t&c as I didn't think the items would go missing their only words are it may have fallen out so can't return the items , but that's it no photos of a damaged parcel 
    Sorry but if you didn't think the items would go missing and you knew you weren't going to comply with the conditions then what on earth was the point of paying for insurance?

    Rightly or wrongly, the post and couriers have always been allowed to put fairly low limits on compensation for loss or damage then offer higher levels of insurance for those that are willing to pay. All insurance has a string of terms and conditions which you agree to if you choose to pay the premium.

    Yes, the damaged items are still your property but apart from having them back I can't see that you have much of an argument.
  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    The point was that things so go missing so the insurance would cover the replacement
  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    I didn't read the terms and conditions they are not clearly displayed , the insurance wasn't much more I'm sure I'm not the only person not fully reading t&C's when sending a parcel 
  • GB72
    GB72 Posts: 10 Forumite
    Second Anniversary First Post
    The items are steel I haven't had any evidence supporting the standard reply of they may have gone missing 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,116 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 25 November 2022 at 6:32PM
    Can you post a photo of what these things are OP?

    Generally couriers don’t want you to, for example, tape two boxes together as there’s the obvious risk of them coming apart and, at least half, the “parcel” going missing.

    However I can’t see that a courier can stipulate how many things you can put inside a parcel as that would be nonsense.

    Depending upon what these items were and exactly how you packaged them will determine whether their stance is fair or not IMHO.
    In the game of chess you can never let your adversary see your pieces
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